Delhi High Court Appoints Wife As Legal Guardian Of Husband In Comatose State, Exercises Parens Patriae Jurisdiction

The Delhi High Court has appointed a wife as legal guardian of her husband who has been in a vegetative or comatose state after suffering from an “Intracranial Haemorrhage” in February, 2025. Justice Sachin Datta invoked the parens patriae jurisdiction for appointing legal heir or spouse as the legal guardian.The Court directed that the wife, Professor Alka Acharya, shall have the right to take decisions in regard to, but not limited to, his medical treatment, caretaking, daily expenditures, finances, management or dealing with his assets. The Court also said that the wife shall be at a liberty to deal with any moveable and immovable assets of her husband towards his medical and daily expenditures.The parties got married in June 1989. Two children were born out of their wedlock. It was the wife's case that her husband was under constant care and supervision of his family at his residence.However, his medical condition had not improved and he continued to remain in an unconscious and vegetative state, requiring a tracheostomy tube for breathing and Ryle tube for feeding.She sought guardianship of her husband with regard to all matters relating to his estate including immovable and movable properties, financial affairs, social security funds etc. She said that she wanted to arrange the affairs and assets of her husband for managing his medical requirements and expenses.Allowing the plea, the Court noted that the Opinion of Medical Examination submitted by the concerned medical board revealed that the husband was a “post-operative case of right ganglion-thalamic-bleed” and “his disability percentage was equal to 100%.” The Medical Board further opines that he was in a vegetative state, unfit to undertake any major decisions and requires constant support as well as supervision for his daily activities.The judge also took note of the report submitted by the SDM establishing the veracity of assertions made by the wife and that “nothing adverse or contrary to the record was found”.“In the aforesaid conspectus, it is unequivocally established that Mr. Salam Khan pursuant to suffering “right ganglion-thalamic-bleed” in February, 2025, has been in a vegetative and comatose state, incapable of undertaking any independent decision/s and/or activities. Therefore, for welfare of Mr. Salam Khan appointment of a legal guardian is warranted,” the Court said.Counsel for Petitioner: Mr. Lzafeer Ahmad and Mr. Kartikeya Sharma, AdvocatesCounsel for Respondents: Ms. Nitika Bhutani, Advocate for GNCTDTitle: PROFESSOR ALKA ACHARYA v. GOVT. OF NCT OF DELHI AND ORS. & ORSCitation: 2026 LiveLaw (Del) 8Click here to read order

Delhi High Court Appoints Wife As Legal Guardian Of Husband In Comatose State, Exercises Parens Patriae Jurisdiction

Nupur Thapliyal

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